First-tier Tribunal Determines Fair Market Rent for Assured Tenancy

OUTCOME: Allowed

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Case Reference

: HS/LON/00AZ/MNR/2023/0367

Property : 60 Longshore, Deptford, London , [POSTCODE]

Tenant : Mrs [APPELLANT] [NAME] [APPELLANT] [NAME]

Landlord : [COMPANY] of Objection : 24 August 2023

Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal

: [NAME] [NAME]

[NAME] of Summary Reasons

: 6 November 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £ 1700 per calendar month with effect from 4 September 2023. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 31 January 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,832 per month in place of the existing rent of £1,176.33 per month to take effect from 1 April 2023. This Notice was deemed defective and the Landlord gave a subsequent compliant Notice on 24 July 2023 to take effect from 4 September 2023.

2. On 24 August 2023 under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent.

Inspection and Hearing 3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.

4. A hearing was held on 6 November at [ADDRESS] to discuss the application. Mrs [NAME] attended and was represented by [NAME] [NAME], an adviser from Bench Outreach. Ms [NAME] a Customer Charge Manger represented [COMPANY].

5. [NAME] [NAME] submitted oral and written evidence that he claimed supported the contention that the rent charged by the Landlord should be abated by 20%. [NAME] [RESPONDENT] confirmed to Tribunal on questioning, that the tenancy agreement did not specify the Landlord should apply a discount to the market rent. The Tribunal concluded for this reason they had no jurisdiction to determine a rent at 80% of the market rental rent for the dwelling as proposed by the applicant.

6. Both parties gave evidence on tenant improvements, property dilapidations and comparable rental evidence.

Evidence 7. The Tribunal has had consideration of the written and oral submissions provided by the representatives of the Tenant and the Landlord.

Determination and Valuation 8. Having consideration of the comparable evidence proved by the parties and of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in a typical market rental condition would be in the region of £2,000 per calendar month. From this level of rent we have made adjustments to reflect tenant improvements, tenant furniture and floor coverings, dilapidation and obsolescence at the property. The tribunal have also had regard for anti -social behaviour in the locality.

9. The full valuation is shown below:

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Decision 10. The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy was £1,700 per calendar month.

11. The Tribunal directed the new rent of £1,700 per month to take effect on 4 September 2023.

Chairman: [NAME]: 6 November 2023

APPEAL PROVISIONS

These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision.

If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA. You can only appeal if the First-tier Tribunal decision was wrong on one or more points of law and you must say why the First-tier Tribunal was wrong in law.

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00AZ/MNR/2023/0367

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination)

Housing Act 1988 Section 14

Address of Premises The Tribunal members were 60 Longshore, Deptford, London , [POSTCODE]

[RESPONDENT] B [RESPONDENT] [NAME] [RESPONDENT] [NAME]

[COMPANY] 30 [ADDRESS], [POSTCODE]

Tenant Mrs [APPELLANT] & [NAME] [APPELLANT] [NAME]

1. The rent is: £ 1700 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 4 September 2023

*3. The amount included for services is/is

negligible/not applicable N/a Per

5. Date assured tenancy commenced 4th September 2021

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs In accordance with lease provisions

8. Furniture provided by landlord or superior landlord Cooker and carpets

9. Description of premises A first floor purpose built flat in low rise block with communal access. The accommodation comprises; Entrance Hall, Living Room, Bathroom, separate WC and 2 bedrooms

[NAME] of Decision 6 November 2023